State Of Rajasthan, Through Pp v. Connected

Laxman Singh Meena @ Jaswant S/o Shri Kalyan Prasad Meena, Aged About 30 Years, R/o Meena Mohalla, Barganwa, Tehsil Hin- doncity, Police Station Hindoncity, District Karauli, Presently Resi- dent Of F.h. 477, Indira Gandhi Nagar, Jagatpura, Jaipur. (Presently Accused Confined In Central Jail Jaipur). State of Rajasthan, through PP Versus ----Petitioner ----Respondent S.B. Criminal Miscellaneous Bail Application No. 7557/2025 Jaikrishna Patel S/o Jawahar Lal Patel, Aged About 33 Years, R/o Village Kanela, Post Chandanwada, Police Station And Tehsil Anandpuri, District Banswara. Presently Member Of Legislative Assembly From Constituency Bagidora, District Banswara (Ra- jasthan) (Presently Confined In Central Jail, Jaipur). State Of Rajasthan, Through Pp Versus ----Petitioner ----Respondent S.B. Criminal Miscellaneous Bail Application No. 7558/2025 Vijay Kumar Patel @ Vicky S/o Shri Banshilal Patel, Aged About 24 Years, R/o Village Kanela, Post Chandanwada, Police Station And Tehsil Anandpuri, District Banswara. (Presently Confined In [2025:RJ-JP:32507] (2 of 6) [CRLMB-6828/2025] Central Jail, Jaipur). State Of Rajasthan, Through Pp Versus ----Petitioner ----Respondent For Petitioner(s) : Mr. V.R. Bajwa, Sr. Advocate Mr. Kapil Gupta Ms. Sarita Nathawat Mr. Amar Kumar Mr. Ajeet Singh Shekhawat For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP Mr. Sandeep Saraswat, Add. SP. ACB District HON'BLE MR. JUSTICE ANIL KUMAR UPMAN 14/08/2025 Order

1. These instant bail applications under Section 483 of BNSS have been filed, on behalf of the petitioners, who have been arrested in connection with FIR No.110/2025 registered at Police Station C.P.S. Jaipur, ACB District (Raj.) for the offences punishable under Sections 7 & 12 of The Prevention of Corruption Act, 1988 & Sections 61(2) & 238 of BNS. After completion of investigation, police filed charge-sheet in this matter.

2. According to the prosecution story, Anti-Corruption Bureau received a complaint to the effect that accused petitioner Jaikrishna Patel, being a member of the Legislative Assembly, demanded bribe money for asking a question in the Legislative Assembly and for withdrawing the question already asked in Assembly. After verifying the said complaint, a trap was laid to [2025:RJ-JP:32507] (3 of 6) [CRLMB-6828/2025] catch accused petitioner jaikrishna Patel red-handed and the complainant was sent to accused petitioner with bribe amount. A tracker was also attached/installed to the suitcase in which the bribe amount was kept but the accused got wind of the trap and one of the accused Rohit Meena fled away with the bribe money. He was chased but could not be apprehended. On the next day, bribe amount was recovered in pursuance of the information furnished by accused petitioner Laxman Singh @ Jaswant from a pit in the residential house of Jagram Meena

3. It is contended by learned counsel for the petitioners that petitioners are innocent and due to political rivalry they have been falsely implicated in this case. It is argued that admittedly, bribe amount was recovered on the next day from a pit in the residential house of accused petitioner Jagram Meena but no proximity was found between the petitioners as investigating agency failed to produce any link between the petitioners. The petitioner Jagram Meena and Laxman Singh @ Jaswant are unknown for the accused petitioner Jaikrishan Patel and Vijay Kumar Patel @ Vicky. There is no allegation of flight risk of the petitioners and they are ready to cooperate with the investigation agency in further investigation. Another legal submission advanced by learned senior counsel Mr. Bajwa is that till date, the investigating agency has not obtained prosecution sanction from the competent authority and has not presented it before the trial court, in absence of which the trial court has not taken cognizance in the matter and in absence of cognizance, further judicial custody of the applicants is illegal in view of provisions of section [2025:RJ-JP:32507] (4 of 6) [CRLMB-6828/2025] 309 Cr.P.C. Charge sheet has already been filed and trial of the case will take considerable time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose.

4. Learned Public Prosecutor vehemently opposes the submissions made by learned counsel for the petitioners. He urged that there are serious charges against the petitioners. It is submitted that one of the petitioners is public representative and he demanded bribe to ask question in Assembly. He submits that accused who fled from spot with bribe amount is still absconding, therefore, in such circumstances bail should not be granted to the petitioners.

5. At this stage, learned counsel for the petitioners submit that abscondance of co-accused cannot/should not be ground to refuse bail to the petitioners as no further interrogation or recovery is required from the petitioners.

7. I have considered the contentions. In my considered opinion, abscondance of co-accused cannot be a sole ground to refuse bail to another co-accused. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners as also the fact that bribe money was not recovered from the conscious possession of the petitioners; same has been recovered from an open place that is to say from a pit situated in the residential house of the accused petitioner Jagram Meena; till date, prosecution sanction has not been accorded so as to prosecute accused petitioner Jaikrishna Patel for the aforesaid offences and therefore, trial could not be commenced till date; [2025:RJ-JP:32507] (5 of 6) [CRLMB-6828/2025] charge sheet has been filed; trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail applications.

8. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1) Jagram Meena S/o Shri Gheesaram Meena, 2) Laxman Singh Meena @ Jaswant S/o Shri Kalyan Prasad Meena, 3) Jaikrishna Patel S/o Jawahar Lal Patel & 4) Vijay Kumar Patel @ Vicky S/o Shri Banshilal Patel shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

9. It is further directed that all the petitioners shall surrender their passports and will not leave the country without previous sanction of the Court and they will not try to contact, temper with the evidence or win over any witnesses in any manner. The petitioners shall not involve in similar offence and shall mark their presence in the concerned ACB police station in first week of every month till conclusion of trial. They shall also share their mobile numbers (in use) to the trial court and investigating agency. They shall keep their mobile phones in active mode and may not switch off them for a longer period intentionally. [2025:RJ-JP:32507] (6 of 6) [CRLMB-6828/2025]

10. The observation made hereinabove is only for decision of these bail applications and would not have any impact on the trial of the case in any manner. GAUTAM JAIN /90-93 (ANIL KUMAR UPMAN ), J